Training Materials
OISC Level 2 (LSC Level 1) - Casework
Work permitted at OISC Level 2:
At OISC Level 2 , more complex applications in all categories are permitted as well as applications outside the Immigration Rules and applications under Home Office concessionary or discretionary policies. An adviser at this level can submit One-Stop Notices and lodge appeals on initial grounds but must then refer the case to a higher level adviser.
The following additional work is permitted at OISC Level 2:
- applications to the UKBA, including asylum and human rights applications and concessionary or discretionary applications
- Case Resolution/Legacy Cases and Active Review
- applications for Humanitarian Protection
- representing clients in correspondence with the UKBA and at UKBA interviews
- representations to the UKBA in support of cases
- drafting client statements, including asylum statements
- submitting One-Stop Notices
- lodging appeals (only in exceptional circumstances where immediate referral is not possible)
- applications for temporary admission and Chief Immigration Officer's bail
- family reunion applications
- representations regarding ongoing immigration or asylum casework to MPs
- instructing a barrister or advocate for advice and to draft appropriate grounds of appeal (where permitted by the Bar Council)
Competence requirements:
Advisers at OISC level 2 must, in addition to the competences required at Level 1 , demonstrate the following:
Knowledge
1. An OISC Level 2 Adviser must possess detailed knowledge of immigration and nationality law, including:
- grounds for applications
- UKBA practice in the consideration of cases
- UKBA concessionary policies
- grounds for lodging appeals including human rights grounds
- procedures for human rights applications, e.g. One-Stop Notices
2. An OISC Level 2 Adviser must possess detailed knowledge of relevant rights of appeal, time limits and procedures up to and including the lodging of the appeal and an awareness of relevant rights of appeal, time limits and procedures at the later stages of the appeal process.
3. An OISC Level 2 Adviser must possess a working knowledge of relevant case law and precedents and how to access and use them effectively when making representations on the client's behalf.
4. An OISC Level 2 Adviser must possess detailed knowledge of the types of evidence needed to support appeals and applications outside the Immigration Rules and how to obtain them, and also the relative weight to be attached to different types of evidence.
5. An OISC Level 2 Adviser must possess detailed knowledge of the European Convention on Human Rights (ECHR), the Human Rights Act 1998 (HRA) and other relevant law.
6. Advisers at OISC Level 2 must be aware that where they are working on asylum cases, they must have a detailed knowledge of asylum legislation and procedures, including the 1951 Refugee Convention, its 1967 Protocol and the UNHCR Handbook for determining refugee status.
7. Where an OISC Level 2 adviser is working on bail and detention cases, knowledge of the powers of the immigration authorities to grant bail or temporary admission, procedures for obtaining bail and UKBA practice in the consideration of cases, including an awareness of the factors that must be taken into account when detaining an individual for immigration reasons.
8. An OISC Level 2 Adviser must possess clear understanding of the limits to the adviser's knowledge and competence and of when to refer cases on. This includes a general knowledge of immigration, asylum and nationality law and procedure to ensure that a client can be referred on for advice in areas in which the adviser is not qualified at OISC Level 2. Advisers at OISC Level 2 must be competent in all areas of work permitted at OISC Level 1.
Skills and aptitudes
Interviewing and advising
An OISC Level 2 Adviser must possess sufficient verbal and written communication skills so as to:
- engender trust in a client
- ask relevant questions, employing different techniques to access relevant information
- obtain clear, detailed instructions, statements and case histories
- deal sensitively with vulnerable or traumatised clients
- make clear, pertinent and effective oral and written representations to the UKBA and other agencies on the client's behalf
- give clear, detailed advice based on relevant laws and policies
- explain complex legislation and policies in simple clear language
Drafting
An OISC Level 2 Adviser must possess the ability to:
- make clear, pertinent and effective written representations in English on behalf of clients, including drafting grounds of appeal
- draft clear, detailed, structured and effective statements in English on behalf of clients
- produce documents in English that are readily comprehensible and comprehensive
Analytical and advocacy skills
An OISC Level 2 Adviser must possess the ability to:
- identify the primary and secondary issues presented by a client's case and the applicable laws or policies
- adequately assess the merits of cases presented
- make clear, cogent oral and written representations in support of cases
- identify and use the most appropriate sources of up-to-date information on case law and other specialised subjects in support of cases
- identify the salient points in an argument and respond to them effectively
- identify the evidence required to support a case and to evaluate the relative weight of the evidence
- represent a client effectively at UKBA interviews
- identify where referral to other professionals may be appropriate and to instruct appropriate experts
- where applicable, obtain and effectively challenge reasons for detention, using human rights legislation where appropriate, and do so in the course of a bail hearing where necessary
Record-keeping and file management
An OISC Level 2 Adviser must possess the ability to:
- maintain clear, accurate records of UKBA interviews and legal proceedings
- maintain clear, comprehensive and well organised case files and an organised and accessible file management system
- maintain clear, accurate and comprehensive records of contacts with the client or third parties and other relevant matters
